Amendment XXI · Later Amendment

Twenty-First Amendment: Repeal of Prohibition

About 10 min total: 5 min reading + 5 min for its 4 practice questions

Repealed the 18th Amendment; states may control alcohol.

Proposed by Congress
February 20, 1933
Ratified
December 5, 1933
Group
Later Amendment

The text

Section 1.

The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

Section 2.

The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

Section 3.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

Text: National Archives transcription.

What it means

  • The 18th Amendment is repealed.
  • States may still ban or regulate alcohol; bringing liquor into a state in violation of its laws is prohibited.
  • Only amendment ratified by state conventions.

Who proposed it

Senator John J. Blaine of Wisconsin introduced the resolution on December 6, 1932; it was amended to require ratification by state conventions. Supporters of repeal included the Democratic Party's 1932 platform.

When it was proposed and ratified

  • Proposed by Congress: February 20, 1933. Senate February 16, House February 20, 1933.
  • Ratified: December 5, 1933. Utah was the 36th state, by convention.

Amendments are not signed into law. Congress proposes them by a two-thirds vote of both houses, and they become part of the Constitution when three-fourths of the states ratify. The President has no formal role (Article V).

Why it was made

Prohibition had led to bootlegging, organized crime, and widespread disregard of the law, and during the Great Depression repeal promised jobs and tax revenue. Congress sent the amendment to state ratifying conventions instead of legislatures, which repeal supporters expected to act faster than legislatures that rural dry voters dominated.

Key Supreme Court cases

None of the FCLE landmark cases centers on this amendment. See all landmark cases.

FCLE tips

  • Only amendment that repealed another; only one ratified by state conventions.
Don't confuse
ThisWith this
21st: ratified by state conventionsEvery other amendment: state legislatures

Sources: National Archives (text and dates); Constitution Annotated (Congress.gov) (proposal and ratification history); U.S. Senate Historical Office and Library of Congress (sponsors).